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The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.
This unique volume features an up-to-date expert English translation of the French Commercial Code and includes all amendments to the Code over the past year. The Code includes all commercial matters, including corporate, anti-trust, and bankruptcy law. Areas with extensive coverage include general provisions on commerce, commercial companies and economic interest groupings, certain types of sales and exclusivity clauses, freedom of prices and competition, negotiable instruments and guarantees, the organization of commerce, and certain regulated professions. This edition also includes footnotes explaining hard-to-translate terms, an extensive glossary of French legal terms and a practical topic index. This translation is especially useful for non-French speakers requiring a precise understanding of those matters governed by the Code as well as for those practitioners needing to explain the Code to English-speaking clients. The new 2007 edition incorporates changes to five of the eight Books of the Code - Books I, II, III, VI, and VII. The majority of the changes appear in Book II in the sections relating to the management and administration of public limited companies, as well as the many changes made to the sections relating to share capital and the shareholdings of employees. Also addressed in this edition are amendments to sections relating to commercial transactions, commercial persons, public auction sales, undertakings in difficulty and the registry of the Commercial Court. In addition to the full translation of the text of the Code, this volume includes useful footnotes to define French terms, and a glossary of French words translated into English.
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.